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CRAIN v. BORDENKIRCHER

No. 16646.

342 S.E.2d 422 (1986)

Robert Carl CRAIN, et al. v. Donald E. BORDENKIRCHER, Warden, etc.

Supreme Court of Appeals of West Virginia.

March 27, 1986.

Attorney(s) appearing for the Case

James F. Companion, William D. Wilmoth, Barbara L. Baxter, Schrader, Stamp, Byrd, Byrum & Companion, Wheeling, Daniel F. Hedges, Appalachian Research and Defense Fund, Charleston, and Patricia Valentino Kutsch, P.A., Wheeling, for appellants.

Charlie Brown, Atty. Gen., and Dana D. Davis, Asst. Atty. Gen., Charleston, for appellees.

MILLER, Chief Justice:

In this appeal by inmates at the West Virginia Penitentiary at Moundsville (WVP), we are asked to determine if the State's Compliance Plan approved by a special judge comports with the original findings and orders of the judge who heard the case. We find it does not.

This case originated in 1981 when Robert Crain, a prisoner at WVP, filed a habeas corpus petition in this Court alleging the...

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